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U.S. v. CLARK

No. 02-14383.

337 F.3d 1282 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. John William CLARK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 16, 2003.

Attorney(s) appearing for the Case

William S. Duffey, Jr., Todd C. Alley, Atlanta, GA, for Plaintiff-Appellant.

Allison Veronica Dawson, Fed. Pub. Def., Fed. Def. Program, Curtis L. Hubbard, Jr., Franklin & Hubbard, Atlanta, GA, for Defendant-Appellee.

Before BARKETT, MARCUS and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge:

The Government has appealed from the district court's order granting John William Clark's motion to suppress a firearm discovered after he and two associates were detained and ordered to reenter an automobile as a means of protecting a law-enforcement officer's safety. We must decide whether a law-enforcement officer may briefly detain and order a passenger to reenter an automobile to protect the officer's safety while the officer investigates...

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